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Table of Contents

PREFACE 11

TRANSLITERATION KEY 12

Introductory Discussions 13

Definition of the Science of Uşūl al-Fiqh 13

Subject-Matter of the Science of Uşūl al-Fiqh 13

Benefit of the Science of Uşūl al-Fiqh 13

Parts of the Science of Uşūl al-Fiqh 14

Convention (al-Wađ‘) 14

Varieties of Convention 15

Signs of Literal and Figurative Meanings 16

Literal Principles 16

Usage of One Term in More than One Meaning 17

The Juristic-Literal Meaning (al-Ĥaqīqa al-Shar‘iyya) 18

The Sound (al-Şaĥīĥ) and What Incorporates Both (al- A‘amm) 19

Part I: Discussions of Terms 21

CHAPTER 1: THE DERIVED (AL-MUSHTAQQ) 22

CHAPTER 2:THE COMMANDS (AL-AWĀMIR) 24

Appearance of the Command 24

Varieties of Mandatory Acts 25

Absolute (al-Muţlaq) and Conditional (al-Mashrūţ) 25

Suspended (al-Mu‘allaq) and Definite (al-Munadjdjaz) 25

Determinate (al-Ta‘yīnī) and Optional (al-Takhyīrī) 26

Individual (al-‘Aynī) and Collective (al-Kifā’ī) 26

Extended (al-Muwassa‘) and Constricted (al-Muđayyaq) 26

Religiously (al-Ta‘abbudī) and Instrumental (al-Tawaşşulī) 28

Varieties of Mandatory Acts and the Absoluteness of the Mode (al-Şīgha) 28

Promptitude (al-Fawr) or Belatedness (al-Tarākhī) 31

Once (al-Marra) or Repetition (al-Takrār) 31

To Command Something Twice 32

Denotation of “Command to Command” 33

CHAPTER 3: THE PROHIBITIONS (AL-NAWĀHĪ) 35

The Desired in the Prohibition 35

Denotation of the Prohibition as to Permanence (al-Dawām) and Repetition (al-Takrār) 36

CHAPTER 4: IMPLICATURES OF SENTENCES (AL-MAFĀHĪM) 37

Varieties of Mafhūm 38

1. Mafhūm of the Condition (al-Sharţ) 38

The Criterion for Mafhūm of the Condition 39

Conditions Being Multiple While Consequents Being One 40

2. Mafhūm of the Qualifier (al-Waşf) 42

The Justifiable Opinion on Mafhūm of the Qualifier 43

3. Mafhūm of the Termination (al-Ghāya) 45

4. Mafhūm of the Exclusivity (al-Ĥaşr) 46

5. Mafhūm of the Number (al-‘Adad) 46

6. Mafhūm of the Designation (al-Laqab) 46

Three Important Denotations Not of Kind of Mafhūm or Manţūq: Necessitation (al-Iqtiđā’), Hint (al-Tanbīh), and Implicit Conveyance (al-Ishāra) 47

2.2.1. The dubiety concerning the precept whether as to unlawfulness or obligation, caused by either lack of proof, ambiguity of proof, or contradiction of proofs 156

2.2.1.1. The dubiety over object of the duty 156

2.2.1.2. The dubiety over causes 157

2.2.2. The dubiety concerning the object whether as to unlawfulness or obligation 157

CHAPTER 25: THE PRINCIPLE OF CONTINUITY OF THE PREVIOUS STATE (AŞĀLA AL-ISTIŞĤĀB) 159

Constituents of Istişĥāb 159

Proofs of Authority of Istişĥāb 160

1. The conduct of the wise 160

2. Ĥadīths 160

2.1. Zurāra’s first authentic ĥadīth 160

2.2. Zurāra’s second authentic ĥadīth 161

Secondary Discussions of Istişĥāb 162

The Rule of Certainty (Qā‘ida al-Yaqīn) 162

Continuity of the Previous State of the Universal (Istişĥāb al-Kullī) 162

Selected Bibliography 164

PREFACE

Uşūl al-Fiqh, the methodology of jurisprudence, which is usually - and inaccurately, if not incorrectly - translated “principles of jurisprudence,” is an Islamic science which is developed by Shiite scholars in two recent centuries into an unparalleled intellectual, logical system of thought and a comprehensive branch of knowledge which not only serves as the logic of jurisprudence but as an independent science dealing with some hermeneutical problems.

Lack of precise English equivalents to expressions and terms of this complicated science indicates the least difficulties of preparing the first English version of Shiite uşūl al-fiqh. Relying on the Almighty's constant grace, however, I did my best to present this unique Shiite science to the western world in its best fashion; and I pray to the Almighty to have been successful in doing such a difficult job. Nonetheless, it should be noted that most of complicated arguments of such profound science cannot be presented in an introductory work; they should be pursued in detailed books written by great Shiite Uşūlīs.

I have to express my gratitude to my dearest friend, Dr. Seyyed Mohsen Miri, head of Islam and West Research Center of al-Mustafa International Research Institute (M.I.R.I), who prepared the ground for constitution of this work.